Federal Amicus

Results are sorted by the date of most recent activity.

Soundboard Association v. FTC

U.S. Supreme Court
Decided
April 15, 2019

U.S. Supreme Court denies cert. petition to review D.C. Circuit decision allowing administrative agencies to avoid judicial review with boilerplate language disclaiming finality. The U.S. Chamber filed an amicus brief urging the Supreme Court to grant review and reverse the decision.

Sierra Club v. EPA (Ozone SIL Guidance)

U.S. Court of Appeals for the District of Columbia Circuit
Pending
April 15, 2019

U.S. Chamber files coalition brief as intervenor in support of EPA’s guidance establishing significant impact limits for the NAAQS program.  The Chamber’s brief argues that the EPA’s guidance is not contrary to the Clean Air Act and is neither arbitrary nor capricious. 

Chamber of Commerce v. City of Seattle

U.S. District Court - Western District of Washington
Decided
April 12, 2019

U.S. Chamber files response in opposition to City of Seattle’s motion for discovery under Rule 56(d) before opposing Chamber’s motion for summary judgment.  The U.S. Chamber and its co-plaintiff, Rasier, LLC, previously moved for summary judgment against the City of Seattle’s ordinance permitting the unionization of independent contractors.

Moussouris v. Microsoft

U.S. Court of Appeals for the Ninth Circuit
Pending
April 12, 2019

U.S. Chamber files amicus brief in support of District Court’s order denying certification of class in employment-discrimination case.  The Chamber’s brief argues the plaintiffs’ disparate-impact and disparate-treatment claims fail the commonality requirement of Rule 23.

In re: Dollar General Corp.

U.S. Court of Appeals for the Eighth Circuit
Pending
April 11, 2019

U.S. Chamber files coalition brief urging Eighth Circuit to grant review and reaffirm that Rule 23 requires an ascertainable class

National Association of African-American Owned Media v. Charter Communications

U.S. Supreme Court
Pending
April 11, 2019

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

National Association of African-American Owned Media v. Comcast

U.S. Supreme Court
Pending
April 11, 2019

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

Rozo v. Principal Life Insurance Co.

U.S. Court of Appeals for the Eighth Circuit
Pending
April 10, 2019

U.S. Chamber files amicus brief arguing providers of stable value funds are not “functional fiduciaries” under ERISA

Meritor, Inc. v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
April 8, 2019

U.S. Chamber files amicus brief urging D.C. Circuit to vacate and remand Superfund listing that failed to follow regulatory requirements and sets a bad precedent for future application of vapor intrusion standards 

Retirement Plans Committee of IBM v. Jander

U.S. Supreme Court
Pending
April 8, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to review Second Circuit decision allowing ERISA “stock drop” suit to proceed

Save Jobs USA v. DHS

U.S. Court of Appeals for the District of Columbia Circuit
Pending
April 8, 2019

U.S. Chamber leads coalition amicus brief in D.C. Circuit in support of H-4 employment authorization.  The Chamber’s amicus brief argues that DHS’s employment authorization rule is authorized by the Immigration and Nationality Act

Teck Cominco Metals, Ltd. v. The Confederated Tribes of the Colville Reservation

U.S. Supreme Court
Pending
April 5, 2019

U.S. Chamber files amicus brief in support of cert. petition, urging the Court to grant review of Ninth Circuit judgment expanding scope of “arranger” liability under CERCLA 

National Women's Law Center v. OMB

U.S. District Court - District of Columbia
Pending
April 3, 2019

U.S. Chamber leads coalition amicus brief urging district court not to impose unreasonable compliance deadline for burdensome new reporting requirement on employers.  The Chamber previously filed comments with the Office of Management and Budget on the reporting requirement.

National Association of Home Builders of the United States, Chamber of Commerce, et al. v. Acosta

U.S. District Court - Western District of Oklahoma
Pending
April 1, 2019

U.S. Chamber files amended complaint in litigation challenging OSHA’s electronic reporting and anti-retaliation rule.  Litigation over the rule, issued at the very end of the Obama administration, has been stayed during most of the Trump administration for reconsideration of the rule.  The Trump administration reconsidered the rule, proposed to revise part of the rule (concerning certain aspects of the electronic reporting requirements) and finalized that rule.  The Chamber’s amended complaint accounts for the changes made to the rule.

Alaska Airlines, Inc. v. Schurke

U.S. Supreme Court
Decided
April 1, 2019

U.S. Supreme Court denies cert. petition to review Ninth Circuit decision regarding Railway Labor Act’s preemption of state law claims involving interpretation of collective bargaining agreements

New York v. Department of Labor

U.S. District Court - District of Columbia
Decided
March 28, 2019

District Court vacates key provisions of Department of Labor’s Association Health Plans rule, remands to the Department for severability analysis with respect to the rest of the rule.  The U.S. Chamber filed a coalition amicus brief in support of the Association Health Plans rule. 

Lindenberg v. Jackson National Life Insurance

U.S. Court of Appeals for the Sixth Circuit
Decided
March 28, 2019

Divided Sixth Circuit denies a petition for rehearing en banc of a panel decision concluding that Tennessee’s tort reform law capping punitive damages violates the Tennessee Constitution.  Judge Bush wrote a dissent arguing that the Sixth Circuit should have certified the case to the Tennessee Supreme Court.  Judges Nalbandian, Thapar, Bush, and Larsen filed a statement encouraging courts to certify the issue to the Tennessee Supreme Court, rather than apply the panel’s opinion.  The Chamber filed a coalition amicus brief urging the en banc court to rehear the case or to certify the issue for the Tennessee Supreme Court to decide in the first instance. 

Lorenzo v. SEC

U.S. Supreme Court
Decided
March 27, 2019

U.S. Supreme Court holds that individuals who disseminate false or misleading statements to potential investors with the intent to defraud may be charged with violating subsections (a) and (c) of SEC Rule 10b-5.  The U.S. Chamber filed an amicus brief at the merits stage opposing this result.

Teets v. Great-West Life & Annuity Insurance Co.

U.S. Court of Appeals for the Tenth Circuit
Decided
March 27, 2019

Tenth Circuit affirms Great-West’s summary judgment win, holding that the company did not act as a “functional fiduciary” under ERISA

North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust

U.S. Supreme Court
Pending
March 25, 2019

U.S. Chamber files amicus brief urging Supreme Court to reject North Carolina’s attempt to tax out-of-state trust

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